G1/24 Explained: The Description And Figures Must Be Considered In Claim Interpretation

We have already provided a brief summary of the recently issued decision in G1/24 which provides clear guidance on the principles of claim interpretation under the European Patent Convention (EPC). As one of the most important decisions to issue in recent years, we are now taking a deeper dive into the decision and its implications.

Background

Contrasting approaches to claim interpretation have evolved at the EPO, in particular to what extent the description should be used to interpret the claims. At one extreme, terms in claims could be interpreted in isolation, without any recourse to the description ever. At the other extreme, the whole patent application is used as its own dictionary such that the description can provide definitions for claim terms that are contrary to their normal meaning. Thus, a term in a claim that is otherwise clear may be given a broader or narrower interpretation as a result of what is disclosed in the description. There is also middle